Patna High Court
Buchia Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the Section 482 application is infructuous and therefore dismissed it.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 03-04-2018 passed by the Judicial Magistrate, 1st Class, Saharsa, which had taken cognizance of offences under Sections 147, 323, 448, 379, 504 and 506 of the Indian Penal Code. The petitioners argued that the original complaint case (No. 1094 of 2017) had already been disposed of on 21-08-2025, rendering the present application infructuous. The State, through its Additional Public Prosecutor, raised no objection to the petitioners' request. The Court examined the report confirming the disposal of the original case and considered the principle that a Section 482 application cannot be entertained when the matter it seeks to affect no longer exists. Consequently, the Court held that the application was infructuous and ordered it to be disposed of. The order effectively dismissed the petition without further hearing.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. is maintainable when the original case against which relief is sought has already been disposed of
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 323, 379, 448, 504, 506
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Complaint Disposal
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50971 of 2018
Arising Out of PS. Case No.-1094 Year-2017 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
1. Buchia Devi Wife of Fani Tanti,
2. Bandana Devi, Wife of Chandra Kishor Tanti.
3. Soni Devi, Wife of Munna Tanti.
4. Soman Devi @ Somni Devi @ Sonam Devi @ Soman Devi, Wife of Ranjan
Tanti.
5. Ranjan Tanti, Son of Late Bhadai Tanti.
6. Chandra Kishor Tanti, Son of Ranjan Tanti,
7. Munna Tanti, Son of Ranjan Tanti.
8. Fani Tanti, Son of Late Bhadai Tanti.
All resident of Village- Padampur, P.S.- Sonbarsa, District- Saharsa.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Parmeshwari Das @ Parmeshwari Tanti, Son of Late Gopi Das @ Gopi
Tanti, Resident of Village Padampur, P.S. Sonbarsa, District- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rashmi Jha, Advocate.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
03.04.2018 passed by Judicial Magistrate, 1st Class, Saharsa in
Complaint Case No.1094 of 2017 by which cognizance was
taken against the petitioners under Sections 147, 323, 448, 379,
Patna High Court CR. MISC. No.50971 of 2018(2) dt.31-01-2026
2/2
504 and 506 of the I.P.C.
3. As per the report dated 16.12.2025, submitted by
the concerned Court, the Complaint Case No.1094 of 2017 has
already been disposed of on 21.08.2025.
4. Learned counsel for the petitioners submits that the
Complaint Case No.1094 of 2017 has already been disposed of
and this case has become infructuous, accordingly, prays that the
present case may be disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties and the report submitted by the concerned Court,
the present Cr. Misc. Application stands disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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